Rape in Germany
The definition of rape has changed over time from its original formulation in the penal code established in 1871, as extramarital intercourse with a woman by force or the threat of violence.
In 1997 laws were amended to criminalize marital rape, incorporate gender-neutral language, and recognize the effect of psychological coercion.
In 2016 German laws were rewritten to remove a previous requirement that a victim physically resist their assailants and be overcome by force.
One national study in Germany from 2004, as reported in a 2009 thesis, indicated that between 10% and 20% of boys are in some respect sexually abused, with about 33% of perpetrators being female.
Ethnologist and head of the Research Centre of Global Islam Susanne Schröter at the Goethe University Frankfurt, said that these were no longer isolated incidents, speaking of a culture clash and suggesting that Germany needed to develop a new approach for dealing with aggressive men shaped by patriarchal cultures.
[15][17] A fact-checking article in Der Spiegel found that fears of immigrant crime had been amplified by far-right propaganda in the public debate beyond the actual increase which was supported by official statistics.
[2] Discussion of rape has long been a taboo in Germany, with victims, women's rights organizations, and politicians struggling for support on issues pertaining to sexual abuse and violence.
[21][22] There have been recent political discussions of reforming related laws so that they comply with the Istanbul convention, which requires all signatories to ensure that engaging in any non-consensual act of a sexual nature is criminalized.
[26] However, because it is not legally a form of punishment, courts may order "subsequent preventive detention" following the completion of a prison sentence for rape, in cases where the perpetrator suffers from a mental disorder, or would represent a serious danger to the public upon release.
[25] According to the German penal code established in 1871, the definition of rape was to compel "a woman to have extramarital intercourse...by force or the threat of present danger to life or limb," and was punishable by at least two years imprisonment.
Changes considered in keeping with Nazi philosophy were removed by the Allied Control Council during the re-establishment of Germany.
[32] A 1966 ruling of the Bundesgerichtshof required married women to have sexual intercourse with their partners "repeatedly" and prescribed they must not be "unresponsive" during the consummation.
[37][38][39] Reflecting the law's emphasis on the requirement for the use of force, a 2006 decision by the Federal Court of Justice of Germany overturned a lower court's conviction for rape, on the grounds that the "accused ripped off the clothes from the body of the co-plaintiff and had sexual intercourse with her against her explicitly expressed will”, but had not “forced the victim with violence".
[46][48] It also followed the events of the 2015/2016 New Year's Eve, mainly in the city of Cologne, where hundreds of women were sexually assaulted, but through actions which, it was ultimately determined, were not illegal under the current law.
[46] Other high-profile cases included the 2016 murder of Maria Ladenburger and 2018 killing of Susanna Feldman non, which gained attention because the attacks were carried out by immigrants.
[54][52][d] Some have estimated the number of rapes committed by U.S. servicemen in Germany to be 11,000, with the phrase "copulation without conversation is not fraternization" allegedly being used as a motto by United States Army troops.
[55][56] One survey estimates that the French occupation forces committed "385 rapes in the Constance area; 600 in Bruchsal; and 500 in Freudenstadt.
[58] According to historian Norman Naimark and colleagues, "the poor discipline and rapacity of soviet soldier was matched in the Western zones only by French Moroccan troops," specifically during the occupations of Baden and Württemberg.
